Gaithersburg, MD asked in Criminal Law and Federal Crimes for Maryland

Q: Is it possible for my fiance to get pretrial release with a held without bond?

My fiance is being held without bond on a indictment for first degree burglary

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2 Lawyer Answers
Scott Scherr
Scott Scherr
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: Your fiancé would need to file a motion for a bail review and the decision would be up to the judge.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: To answer this question concisely:

Yes, it is possible for your fiancé to get pretrial release even if they are currently being held without bond. However, it's not guaranteed and depends on several factors.

Key points:

1. A "hold without bond" status can be reviewed and potentially changed.

2. Your fiancé's attorney can file a motion for a bond review hearing.

3. The judge will consider factors like:

- The nature of the offense (first-degree burglary is serious)

- Your fiancé's criminal history

- Community ties

- Flight risk

- Danger to the community

To improve chances of release, your fiancé's attorney might propose conditions like:

- Electronic monitoring

- House arrest

- Drug testing

- Surrendering passport

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